On February 10, 2016 the Court of Appeals for the Federal Circuit (CAFC) decided the case of Convolve, the Massachusetts Institute of Technology v. Compaq Computer Corp. and Seagate Technology, Inc. (February 10, 2016, 2014-1732, CAFC). The technology at issue in the case involved improvements in computer hard drives described in US Patent No. 6,314,473…

In October, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Synthes USA, LLC and Depuy Synthes Products, LLC. v. Spinal Kinetics, Inc.,_F.3d _ (Fed. Cir. 2013). Synthes USA and Depuy Synthes Products (Synthes), the plaintiffs-appellants, appealed from a jury verdict of non-infringement of U.S. Patent No. 7,429,270 (270 patent) and…

On April 4, 2013, the US Court of Appeals for the Federal Circuit decided Bruce N. Saffran, M.D. v. Johnson & Johnson and Cordis Corporation. No. 2012-1043 (Fed. Cir. 2013). In its opinion, written by Judge Lourie, the Federal Circuit reversed the judgment of the US District for the Eastern District of Texas because the…

On March 15, 2012, the U.S. Court of Appeals for the Federal Circuit granted rehearing en banc in Lightning Ballast Control LLC v. Phillips Electronics North American Corp. Case No. 2012-1014, -1015. In granting the hearing, the Federal Circuit vacates its earlier January 2, 2013 opinion in the case. The appeal will primarily address the…

In the case, In re Roger Youman and Marney Morris, the Federal Circuit reiterated that the proper test for determining whether a Reissue Application improperly claims subject matter forfeited in a prior issued patent is the three-step recapture rule (“Recapture Rule”) laid out in In re Shahram Mostafazadeh,. This case involves Reissue Patent Application, 09/313,532…

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